LRD guides and handbook May 2019

Law at Work 2019 - the trade union guide to employment law

Chapter 6

Electronic strike balloting 



[ch 6: pages 189-191]

A government-commissioned review into electronic strike balloting (the Knight review) was published in December 2017. The review recommended a series of pilots before online strike balloting of union members is made legal. The TUC has accused the government of dragging its feet on electronic balloting, commenting that: “If it’s safe and secure for political parties to elect candidates and leaders online, why can’t unions have electronic ballots?” Postal balloting is known to depress turnout. 


Lack of electronic balloting anti-democratic 


In July 2018, a PCS civil service union ballot for industrial action over pay returned the largest percentage vote for industrial action in a statutory ballot in the union’s history, with almost 60,000 votes cast, and 85% in favour of strike action. However, with a turnout of 41%, the union failed to cross the new 50% turnout threshold and the strike could not go ahead.


In press reports about the dispute, a PCS rep recounted how, over a five-week campaign, the union trained hundreds of reps in Saturday schools, leafleted almost every workplace and held many car park meetings. Access to the workplace was limited, ballot materials could not be distributed to desks and posters were not allowed. Email correspondence from official government addresses could not contain the words “ballot”, “strike” or “vote”. The union’s only widespread access to members was through personal email and phone calls, phone-banking over 50,000 members to encourage them to vote.


The PCS ballot provides clear evidence that the use of electronic balloting and secure workplace balloting can be effective in increasing turnouts in ballots. With electronic balloting in place, it is likely that the 50% threshold would have been met in this dispute, allowing a lawful strike to go ahead.


Online balloting was used for the earlier consultative ballot, achieving a high turnout, and evidence gathered through phone banking and leafleting showed that many members expected to be able to vote online in the formal ballot.


In November 2018, in answer to a written parliamentary question, the government said it would be arranging a “round table” to consult affected organisations, including trade unions, on the Knight review. Only after that discussion will the government respond to the Knight review. As Law at Work goes to press, there are media reports signaling some possible movement by the government towards electronic balloting.